Employers who carry worker’s compensation insurance follow a no-fault program. What this means is that neither the employer nor the employee are identified as the guilty party who caused the incident. Although this can save a worker some time during the injury claim process, it doesn’t exactly mean they are going to receive what it is they are entitled to. While some states prohibit a worker from filing a lawsuit against their employer who provide them with adequate insurance coverage, sometimes there is still room for an injured employee to receive more.
If you incurred an injury while at work, for instance, let’s say a machine malfunctioned and caused you serious scarring and permanent damage, you might have reason to file a personal injury lawsuit. The only difference between how you file is that you wouldn’t be holding your employer accountable for your damages. If they supplied you with what you need, your next move would be to hold a manufacturer or maybe even the designer accountable for the malfunctioning machine, product, etc. The same would apply to any other defective item that was linked to your injury.
Why might I need more compensation?
One thing many workers might not be aware of is that worker’s compensation doesn’t always provide you with adequate compensation. Sometimes employers even remove an employee from their health insurance benefit list if their work-related injury has them out of work. To make matters worse, you aren’t exactly compensated at the same rate you were if you had still been working. Therefore, if you feel there is more to your injury and something else was a leading factor, you could possibly be awarded more for your pain and suffering than from what you received in your worker’s compensation settlement.
What do I need to do to start receiving some sort of compensation for my work-related injury?
The State of Utah Labor and Commission department has broken down the necessary steps a person would need to take to get their claim filed. You can click here for the full list. Keep in mind that any benefits received from your employer or their insurance company are under a worker’s compensation claim, not a personal injury claim.
When should I file a personal injury lawsuit if I was harmed on the job?
In most instances, a person would file suit after they have settled their worker’s compensation claim. However, because every case varies and your circumstances may differ from the next person, it is always best to seek legal advice first before attempting to make any decisions or proceed forth with a lawsuit when it isn’t exactly the most beneficial time for you to do so.
Want to speak with a local Utah personal injury attorney for free?
There is nothing wrong with seeking a little advice or guidance from someone who knows personal injury law and what an injured individual is entitled to receive. Because the attorneys featured on our site offer potential clients a free consultation, we encourage you to allow us to pair you up with someone who is suitable to take on your case.
We will help you find someone who is located in your city or nearby and begin the process of getting you connected with them so you can receive the free case review that might help give you some insight as to what you need to be doing. More than likely you also want to know if you are entitled to receive more for your accident injuries.
Therefore, give us a call today and we will gladly begin helping you.